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Faculty of Law, Humanities and the Arts - Papers (Archive)

2004

Constitutionalism

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Constitutionalism And Shari'a, Nadirsyah Hosen Jan 2004

Constitutionalism And Shari'a, Nadirsyah Hosen

Faculty of Law, Humanities and the Arts - Papers (Archive)

Constitutionalism is the idea that government can and should be legally limited in its powers, and that its authority depends on enforcing these limitations. Lane explains that two ideas are basic to constitutionalism: (a) the limitation of the state versus society in the form of respect for a set of human rights covering not only civic rights but also political and economic rights; and (b) the implementation of separation of powers within the state.